Dixie - In Memoriam
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Appeals Court Slams Obamacare as Unconstitutional
Declaring the health insurance mandate unconstitutional, the 11th District of the Court of Appeals has made a superb statement for personal freedom.
Intending to protect personal freedom from the enormous power of government, the Founders restricted the powers of Congress to enumerated powers, i.e., tax, pay debt, coin money, etc.
For approximately 100 years Congress has claimed and broadened their power through the Commerce clause of the Constitution — "to regulate Commerce . . . among the several States."
The Appellate Court wrote that the insurance mandates of Obamacare are "breathtaking in its expansive scope.”
"The government's position amounts to an argument that the mere fact of an individual's existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life. This theory affords no limiting principles in which to confine Congress's enumerated power."
As Chief Justice Marshall said in 1803: “The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written."
For certain, the Supreme Court will make the final decision. Fortunately the Supreme Court will have the benefit of the Court of Appeals' rigorous review of the tension between the enumerated powers and the Commerce clause.
However, this is a decision too important for just the nine justices of the Supreme Court to decide. If the court rules in favor of the government, Congress, with the approval of the president, will have the absolute power to control and regulate all aspects of our lives.
Again the Appellate Court stated: "Congress may regulate [Americans] at every point of their life."
It doesn't make sense to delegate the final authority on an issue of this magnitude to nine unelected people. Worse, most Supreme Court observers know the political predilections of every justice and can forecast which justice will be the deciding vote. So, it could boil down to one person who will make a momentous decision affecting every American and will no doubt have major repercussions on generations of Americans.
Declaring the health insurance mandate unconstitutional, the 11th District of the Court of Appeals has made a superb statement for personal freedom.
Intending to protect personal freedom from the enormous power of government, the Founders restricted the powers of Congress to enumerated powers, i.e., tax, pay debt, coin money, etc.
For approximately 100 years Congress has claimed and broadened their power through the Commerce clause of the Constitution — "to regulate Commerce . . . among the several States."
The Appellate Court wrote that the insurance mandates of Obamacare are "breathtaking in its expansive scope.”
"The government's position amounts to an argument that the mere fact of an individual's existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life. This theory affords no limiting principles in which to confine Congress's enumerated power."
As Chief Justice Marshall said in 1803: “The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written."
For certain, the Supreme Court will make the final decision. Fortunately the Supreme Court will have the benefit of the Court of Appeals' rigorous review of the tension between the enumerated powers and the Commerce clause.
However, this is a decision too important for just the nine justices of the Supreme Court to decide. If the court rules in favor of the government, Congress, with the approval of the president, will have the absolute power to control and regulate all aspects of our lives.
Again the Appellate Court stated: "Congress may regulate [Americans] at every point of their life."
It doesn't make sense to delegate the final authority on an issue of this magnitude to nine unelected people. Worse, most Supreme Court observers know the political predilections of every justice and can forecast which justice will be the deciding vote. So, it could boil down to one person who will make a momentous decision affecting every American and will no doubt have major repercussions on generations of Americans.
